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HomeMy WebLinkAbout2014-04-28 WORKSHOP PACKETCottage J Grove ere Pride and Pros perity Meet TO: Honorable Mayor, City Council, Planning Commission, Ryan Schroeder FROM: Emily Schmitz, Code Enforcement DATE: April 24, 2014 RE: Sign Ordinance Amendments and Clarification Introduction The current sign ordinance requires updating of special provisions to provide more clarification on sign regulations. Background The recent focus on enforcement of advertisement signs throughout the community brought about a review of the current ordinance and areas of focus to be updated. Those areas include redundancies in definitions between the Zoning Ordinance and the Sign Ordinance, off - premise advertising or directional signs, and civic signs as temporary signs. The focus of the ordinance amendments is to bring the codes up to date and its relevance to the community. The goal is to uniformly and consistently enforce sign regulations. Code Update Process To evaluate and provide a basis for comparison, in depth research of other cities' sign ordinances was conducted. Staff also reviewed common sign issues, challenges, and solutions in regulating signs as well as revisions that would prevent creation of non - conforming signage or further restrict the number and /or size of signs. Discussion For your reference, a definitions page including proposed changes is attached. Menu Boards Current Code: • Not addressed. Proposed Code: • Maximum of two menu boards permitted per drive -up /through lane. • Maximum 50 square feet in area if one menu board exists; if two exist, they may be a maximum of 36 square feet. • No temporary signs may be posted in addition to menu boards. • Advertisement signs attached to menu boards shall be prohibited. • Menu board shall be one sided. Sign Ordinance Amendments and Clarifications April 28, 2014 Page 2 of 15 Examples: Garage/Yard Sale Signs Current Code: • Not addressed. Proposed Code: • Posted for a maximum of three days for each sale. • Signs shall not exceed three square feet in area. • If posted within the right -of -way, must be a minimum of ten feet from the street curb and a minimum of two feet from any trail or sidewalk. • Signs may not be mounted or attached to traffic advisory signs, street light poles, trees, utility poles, or other such structures. • Owner of such sign must obtain permission from property owner where the garage /yard/ estate sale sign would be located. • No permit or fee is required. Pros/Cons: • May create clutter at popular intersections. Grand Opening Signs Current Code: • Temporary signs including portable reader board signs, banners, balloons, inflatable devices, and the like, are allowed for business grand opening events, with a permit and $50.00 fee, for a period not to exceed ten days. Proposed Code: • Permit required; fee is $50. Sign Ordinance Amendments and Clarifications April 28, 2014 Page 3 of 15 • All temporary signs are permitted for business grand inflatables, balloons, pennants, and the like. • No limit on number and size of signs posted for grand • Permitted for a period not to exceed 15 days. opening events, including banners, opening events. • Temporary signs including now open, opening soon, closing soon, store closing verbiage shall be permitted with no permit required for no more than 15 days prior to the opening of the building or business. GRAND pQENINC Pros /Cons: • Excessive signage covering windows, building wall surface, and yard space possible. Billboards Current Code: • Prohibited. Proposed Code: Prohibited as an off - premise sign. On -Site Directional, Informational Signs Current Code: Incidental and informational signs permitted in business and industrial districts shall not exceed four square feet of surface area per sign. Proposed Code: • Permitted in business and industrial districts not to exceed four square feet in surface area per sign. No more than three signs permitted per property. Examples: 'I rr ,' Pros /Cons: • Unable to regulate advertisement or logos placed on signs that are not included in the sign area calculation. Examples: Sign Ordinance Amendments and Clarifications April 28, 2014 Page 4 of 15 Benches and Bus Shelter Signs Current Code: • Advertising on bus shelters and bus benches is prohibited. Proposed Code: • Advertising on bus shelters and bus benches shall be prohibited. Security /Alarm Signs Current Code: • Not addressed. Proposed Code: Security /alarm signs permitted in all zoning districts. Not to exceed two square feet. Permit is not required. Window Signs Current Code: • No permit required. • Window signs placed within a building, not exceeding 30 percent of display surface, shall be permitted. Proposed Code: • Window signs permitted (placed within a building and within view of the general public) are not to exceed 30 percent of total window area. • "Total window area" shall be one continuous panel of glass or other transparent material or a set of two or more panels divided by mullions of six inches in width or narrower. Panels surrounded on all sides by solid walls or mullions wider than six inches shall be considered individual windows. • The net area shall be determined by measuring a box around each group of characters, objects, images, logos, and any background. • Window signs consisting solely of individual alphabetic letters, numerals, or other symbolic characters without any background may be displayed but the net area shall not cover more than 30 percent of the total window area. • A window sign that includes opaque objects, logos, and other images with any type of background may be displayed, but the net area of the window sign, including opaque covering shall not exceed 30 percent of the window area. Sign Ordinance Amendments and Clarifications April 28, 2014 Page 5 of 15 logo —included in 30% Opaque objects without any lettering, numerals, and business hour signs not including business name, other symbolic characters, logos, or any other images are not limited to I only hours of operation not including business name or logo — not included in 30% Window display or covering which include logo or logo colors may be displayed but the net area of the window sign shall not exceed 30 percent of the window area. logo and colors advertising the business — included in 30% Window display of business hours and 'open" or "closed" signs may be displayed and shall not be included in window coverage provided that: • Business hour sign does not exceed four square feet in area. • One business hours sign permitted at each entrance. • Does not include the name of the tenant occupying the space to which the business hours pertain. • If hours of operation sign includes name of the business the name, not the hours, will be included in the total window area calculation of no more than 30 percent. • A multi- tenant building may include tenant descriptions to differentiate business hours which will not be included in allowed 30 percent. For purposes of this section, any banner attached to the outside of a window shall not be considered a window sign. Window signs may be illuminated, but flashing is prohibited. Sign Ordinance Amendments and Clarifications April 28, 2014 Page 6 of 15 Pros /Cons • Enforcement will consist of hand measuring posted window signs to calculate covered area. Sign ElectricaINViring and Conduits Current Code: • Not addressed. Proposed Code: • The electrical power supply, wiring, and conduits must not be visible on the exterior of the sign. Search Lights /Beacons Current Code: • Not addressed. Proposed Code: • Shall be permitted only as part of a secured special event permit or for a grand opening with secured permit. • Permit and $50.00 fee required. Bridges /Overpasses — Sign Display Prohibited Current Code: • Not addressed. Proposed Code: • All temporary signs posted on bridges and overpasses shall be prohibited. • Signs posted by government entities shall be exempt from this section. Hand - Carried Signs or Costumed Characters Current Code; • Not addressed. Proposed Code: • May be displayed on public or private property in any zoning district. If displayed on private property, permission from the property owner is required. • May not be displayed in a center median; must be located on the edge of the right -of -way. • Hand - carried signs or costumed characters with signs promoting a business shall be dis- played only during regular or daylight business hours. Sign Ordinance Amendments and Clarifications April 28, 2014 Page 7 of 15 Hand - carried signs or costumed characters with signs promoting a business shall not be displayed during periods of limited visibility. Hand carried signs displayed on public property and used in a parade for which a permit has been issued by the City is permitted within and during the confines of the event. No permit or fee is required. Examples: L 1 L131 2 !rnx Umbrella Signs Current Code: • Not addressed. Proposed Code: Advertisement on umbrellas shall not be included in the calculation of total sign area. • No permit required. No fee. Artllllustration Signs Current Code: Statues, sculptures, and architectural features: Symbols, statues, sculptures, and inte- grated architectural features of a design which deviates from the architectural character of the surrounding structures shall require a conditional use permit. Proposed Code: • Prohibited unless approved by City Council action. ,= 7 7F; - / 1 Examples: Sign Ordinance Amendments and Clarifications April 28, 2014 Page 8 of 15 Pros /Cons: • Inability to regulate design criteria or standards. Memorial Signs Current Code: • Does not address. Proposed Code: • Memorial or tablet signs such as cornerstones, denoting only the names of the buildings and date or erection. • Signs may not be larger than nine square feet. • No permit required. No fee. Merchandise Signs Current Code: • Prohibited . 7Vt4 �y,;Ifttl7,A1 • itJFTI7�!'tr Proposed Code: • Allowed in all commercial and industrial zoned districts for a permitted business provided all requirements are met. • Only one merchandise sign permitted per entrance. • Merchandise sign may not exceed six square feet per sign face and a maximum height of four feet. • Merchandise signs may only be displayed during posted business hours. No merchandise sign may be displayed overnight. • Merchandise signs may only be displayed on the sidewalk adjacent and within 20 feet from the business's front entrance. The property owner and tenant are responsible for any liability for damage to property or injury to persons caused by a merchandise sign. • A merchandise sign must not take up more than three feet of the sidewalk width and cannot interfere with pedestrian traffic. • A merchandise sign shall be located on the sidewalk with a minimum of three feet of unobstructed clearance to allow for accessibility along the sidewalk for pedestrians. • Merchandise signs must not be used in conjunction with portable or temporary signs unless a temporary sign permit has been secured. • A merchandise sign cannot be used instead of permanent building signage. • The City may remove such sign if it interferes with any City activities or public safety. • Sign may advertise events only. • Merchandise signs are temporary signs. • A permit is not required. No fee. Sign Ordinance Amendments and Clarifications April 28, 2014 Page 9 of 15 Athletic Fields /Scoreboard Advertisement Current Code: • Not addressed. Proposed Code: • Signs, banners, and scoreboards designated solely for view from spectator areas and displayed on interior wall, fences, or other structures located inside an enclosed athletic field at a school, park, or other public or private athletic complex. • Display of a sign, banner, or scoreboard at a City park will require approval by the Parks, Recreation and Natural Resources Commission. • Scoreboards that qualify under this section may include flashing elements if adequate screening is provided to screen the views from abutting streets and approved by the Community Development Director, City Engineer, and Director of Public Works. Projecting Signs Current Code: • Prohibited. Proposed Code: • Shall be permitted only commercial and industrial districts, subject to the following restrictions. • Maximum sign area shall be 20 square feet per facing. • Not less than eight feet of clearance shall be provided between the sidewalk elevation and the lowest point of the projecting sign. • Signs shall project from the face of the building no more than the lesser of: • One -third of the sidewalk width; or ■ Four feet Sign Ordinance Amendments and Clarifications April 28, 2014 Page 10 of 15 • The maximum sign area of wall signs located on the same building of the projecting sign shall not exceed 5 percent of the wall area. • Proof of insurance and indemnification shall be provided. • Permit and fee required. Examples: Gas /Convenience Store Signs Current Code: • Not addressed. Proposed Code: • Gasoline pump islands shall be entitled to two signs on either side of the pump in addition to those otherwise permitted on the principal structure. • A double faced or a single face sign shall not exceed three square feet and shall be per- mitted on each gasoline sales pump island. �8 f�VF 10 Wlma.rWi Two signs highlighted above would be in compliance —two signs permitted per pump. • Canopy signs shall not exceed 10 feet in length or 20 square feet each and shall not be placed on the same side of the canopy. Sign Ordinance Amendments and Clarifications April 28, 2014 Page 11 of 15 • Lettering on the signs shall not exceed two feet in height or the average height of the letters on the sign attached to the principal structure, whichever is less. • Canopy signs shall be placed in a manner that will allow a six -inch minimum border be- tween the top, bottom and sides of a canopy face. The sign area is determined by measuring the text only. Stripes or colors do not contribute to the sign are computation. FWAL IF' only measure "Shell,' not colors or stripes. Business name, symbolic characters, logos, or any other images with any type of back- ground may be displayed but the net area of the window area shall not exceed 30 percent of the window area. • Permit and fee required for canopy signs. • No permit or fee required for window signs or pump island signs. Leasing and Rental Signs Current Code: Signs shall not exceed 9 square feet for residential property and no more than 32 square feet for nonresidential property. Only one such sign is permitted per street frontage upon which the property abuts. Such signs shall be removed within seven days following the lease or real estate closing. Proposed Code: • Residential and agricultural zoned properties are limited to one lease, rental, or for sale free - standing sign not greater than 16 square feet in total area and a maximum height of eight feet. • Non - residential zoned properties are limited to one free - standing sign not greater than 32 square feet and a maximum height of eight square feet. • For all zoning districts, once 80 percent of the leasable or rental space is occupied, a free- standing sign displaying the leasing or rental of space is prohibited. • A banner sign not to exceed the size of the building or adjoining business signs shall be permitted. Sign Ordinance Amendments and Clarifications April 28, 2014 Page 12 of 15 A window sign displaying the availability to lease or rent space is permitted but must not exceed 30 percent of the window area. Vacancy signs are allowed only for those buildings that are permitted and licensed for nightly rentals. Vacancy signs may be a maximum of six square feet and included in the total sign area allowed on the building or free - standing sign. A permit is not required. No fee. Pros /Cons: • Proposed ordinance will prevent a freestanding for lease /rent signs from being posted continuously once occupancy is 80 percent. Sign Area Calculation Current Code: By definition of sign area. The entire area within a single continuous perimeter enclosing the extreme limits of a sign and in no case passing through or between any adjacent ele- ments of such sign; however, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. In computing square foot area, only one side of a double face or V -type structure shall be considered. Proposed Code: • Two or more feet of separation between copy areas, measure area separately; if copy area is two feet or closer, measure sign copy area together. • Logos or colors shall not be included in wall sign area calculation. Lagos anwor cpl0rs an walls, awniips orcanapies not included I n..a. well In are. I o, urea 0 in red Guded In wall In area. Any numerals or letters on a building wall shall be included in sign area calculation. Examples: Sign Ordinance Amendments and Clarifications April 28, 2014 Page 13 of 15 m All circled in red — included in wall sign area calculation Logos or colors depicted on awnings or canopies shall not be included in sign area calcu- lation. If numerals or letters are part of the awning or canopy, the copy sign area shall be included in total sign area calculation. Pylon or monument sign area shall be measured using a perimeter enclosing the extreme limits of the sign not passing through or between adjacent elements. The perimeter shall not include any structural elements lying outside the limits of the sign. they are separated by structural elements Pros /Cons: If logos are not included in wall sign area calculation there will be no regulation as to how large those may be. For example — McDonald's golden arches or Applebee's apple. Temporary Signs Current Code: • Permit required; $50.00 fee required. • Must be attached to the principle structure on a lot. No banners are permitted on accessory structures, landscaped areas, or motor fuel station canopies. • Banners must not exceed 32 square feet. • Banners may only be displayed for a cumulative total of 15 days per calendar year per business. Multiple tenant commercial buildings — each tenant may display temporary signs for a total of 15 days per calendar year. Proposed Code: • Professionally manufactured banners, streamers, and balloon signs for special promotions, sales, or events are permitted upon issuance of a permit from the City. • Any temporary sign shall be located upon the site of the promotion, sale, or event and shall not exceed 32 square feet in area. • Temporary signs may be displayed three days before the first day of the special promotion, sale, or event and shall be removed no later than 15 days after the first day the temporary sign for promotion, sale, or event is displayed. • Temporary signs in this section shall not include inflatables or wind banners. • One temporary sign per property shall be permitted per permit. Temporary sign permits shall be issued per property and no more than four permits shall be issued per property, per year. • Permit and $50.00 fee required. Sign Ordinance Amendments and Clarifications April 28, 2014 Page 14 of 15 Off - Premise Signs /Directional Signs Current Code: • All off premises advertising signs are prohibited except for temporary garage sale, realtor, or builder /developer signs posted on Saturday and Sunday between the hours of 11:00 a.m. and 6:00 p.m. and on Tuesdays between the hours of 10:00 a.m. and 2:00 p.m. Proposed Code: • Continue to prohibit except for garage sale, realtor, and builder /developer signs during the hours of 11:00 a.m. and 6:00 p.m. on Saturdays and Sundays and Tuesdays between 10:00 a.m. and 2:00 p.m. Special Purpose Signs Current Code: • May not be erected for more than 30 days prior to the date on which the event or activity advertised is to occur or be conducted. • Signs are prohibited from being posted off - premise to where the event is to take place. • Signs shall be removed within five days after the termination of the event. • Banners must be secured to the principal structure. Proposed Code: • Signs promoting events for the benefit of civic, charitable, educational, or other non - profit organizations may be erected on or at the property where the event is to take place or occurring. The event sponsor must comply with the following: o May be erected on- premise where the event is to take place up to two weeks in advance of the event being promoted. The property owner must grant their approval for placement of a special purpose sign on their property. o These signs may not be erected off -site. o These signs shall be removed within three days following the conclusion of the event. Sign Ordinance Amendments and Clarifications April 28, 2014 Page 15 of 15 • No portion of a special purpose sign shall extend more than six feet above finished grade. • A maximum of one special purpose sign is permitted on any one parcel of property at one time. • A permit is not required. • Setback: A special purpose sign must be setback a minimum of 10 feet from other signs and from the edge of the curb or edge of pavement where there is no curb and a minimum of two feet from the edge of a trail or sidewalk. • A special purpose sign may be located in any zoning district. • One sign permitted at any one time not to exceed 32 square feet. • No permit required. No fee. Pros /Cons: Proposed code will permit temporary signs to be posted at churches, non - profit, and school properties to promote charitable and civic events. Recommendation Request feedback on proposed sign regulations and direct staff to continue with proposed ordinance amendments. Prohibited 9 -8 -2: DEFINITIONS: For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. Words and phrases not defined in this section but defined in the zoning ordinance of the city shall be given the meanings set forth in the zoning ordinance: ACCESSORY USE: A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use of such buildings. ADDRESS SIGN: A sign displaying numbers only, whether written or in numeric form. ADVERTISING SIGN: A sign relating to or which directs attention to a business or profession, or to the commodity, service or entertainment sold or offered upon the premises where such sign is located. ALTERATION: Any major alteration to a sign excluding routine maintenance, painting or changing of copy of an existing sign. AREA IDENTIFICATION SIGN: A freestanding sign which identifies the name of a neighbor- hood, a residential subdivision, a multiple residential complex consisting of three (3) or more structures or ten (10) or more units, a commercial development consisting of three (3) or more separate structures, an industrial area consisting of three (3) or more structures or any combination of the above. AWNING: A temporary hood or cover which projects from the wall of a building, and which can be retracted, folded or collapsed against the face of a supporting building. BANNERS: Attention getting devices which resemble flags or similar types of advertisement. BEACON: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. BENCH SIGN: A sign which is affixed or painted to a bench, such as a bus stop BILLBOARD: See definition of Off Premises Advertising Sign. BUILDING FACADE: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. BUILDING HEIGHT: A distance measured from the mean curb level along the front lot line or from the mean ground level for all of that portion of the structure having frontage on a public right of way, whichever is higher, to the top of the cornice of a flat roof, to the deck line of a mansard roof and to the mean distance of the highest gable on a pitched or hipped roof. BUILDING MARKER: Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material. -1- BUSINESS: Any establishment, occupation, employment or enterprise wherein merchandise is manufactured, exhibited or sold or which occupies time, attention, labor, and materials or where services are offered for compensation. CANOPY: A rooflike structure projecting over any entrance of a store, building or place of assembly. CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A "changeable copy sign" shall also include animated and reader board signs. COPY AND GRAPHIC: The wording and other display messages such as logos or symbols on a sign. COPY AND GRAPHIC AREA: The area in square feet of the smallest four (4) sided figure which encloses the copy and graphic of a sign. DIRECTIONAL SIGN: A sign erected on public or private property which bears the address and /or name of institutions, churches, parks, hospitals, schools, libraries, city and other governmental buildings, community centers or other use or activity plus directional arrows or information on location. DIRECTOR OF COMMUNITY DEVELOPMENT: The officer or other person charged with the administration and enforcement of this chapter or his /her duly authorized deputy. DISTRICT: A specific zoning district as defined in the city zoning ordinance. DWELLING: A building or one or more portions thereof occupied or intended to be occupied for residence purposes, but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins or trailer coaches. DWELLING UNIT: One room or rooms connected together, constituting a separate, independent housekeeping unit for owner occupancy or rental or lease on a weekly, monthly or longer basis and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities. DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. FACADE: A false, superficial or artificial appearance of a building side, given special architectural treatment. FLAG: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a governmental, political subdivision, or other entity. -2- FLASHING SIGN: An illuminated sign which contains flashing lights or exhibits noticeable changes in color or light intensity. FREESTANDING SIGN: Any stationary or portable self - supporting sign not affixed to any other structure. GOVERNMENTAL SIGN: A sign which is erected by a governmental unit for the purposes of identification or directing or guiding traffic. GRADE: The elevation or level of the ground at the place the sign is to be erected. IDENTIFICATION SIGN: Any sign which states the name or address or both of the business or occupant of the lot or building where the sign is placed and may be a directory listing the names, addresses and business of occupants. INCIDENTAL SIGN: A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking ", "entrance /exit', 'loading only ", "telephone ", and other similar directives. INFORMATIONAL SIGN: Any sign giving information to employees, visitors or delivery vehicles, but containing no advertising or identification. INSTITUTIONAL SIGN: A sign or bulletin board which identifies the name and other charac- teristics of a public or private institution on the site where the sign is located. LIMITED TENANT BUILDING: A commercial retail establishment or a group of commercial retail establishments with the designed occupancy of three (3) or less tenants. It must have shared parking and a visual appearance as a contiguous structure which may or may not be planned, constructed, or managed as a total entity. This includes single tenant retail structures. MONUMENT SIGN: A sign not supported by exposed posts or poles which is architecturally designed and located directly at grade where the base width dimension is larger than fifty percent (50 %) of the greatest width of the sign. MOTION SIGN: Any sign which revolves, rotates, has any moving parts or gives the illusion of motion. NAMEPLATE: See definition of Identification Sign. NONCOMMERCIAL SIGN: A sign that does not advertise products, goods, business, or services and that expresses an opinion or other point of view, or promotes the candidacy of a person running for governmental office. NONCONFORMING SIGN: Illegal: A. A sign which was constructed after the passage of the ordinance codified in this chapter or amendments thereto and does not conform to this chapter. B. Any off premises advertising sign which exists five (5) years after the official date of approval and adoption of the ordinance codified in this chapter. -3- Legal: A sign which lawfully existed at the time of the passage of the ordinance codified in this chapter or amendments thereto but which does not conform to this chapter. OBSOLETE SIGN: Any sign which no longer advertises a bona fide business conducted or products sold. OFF PREMISES ADVERTISING SIGN: A freestanding sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such a sign is located or to which it is affixed. PARAPET: A low wall which is located on a roof of a building. PENNANT: See definition of Banners. PERMANENT SIGN: Any sign which is not a temporary sign. PORTABLE SIGN: A sign so designated as to be movable from one location to another and which is not permanently attached to the ground or any structure. PROJECTING SIGN: A sign other than a wall sign which is affixed to a building and which extends perpendicular from the building wall. PYLON SIGN: A sign supported by a post or posts so that the sign and supports are finished to grade by encasing the posts in a material consistent with the sign and where the base width dimension is a minimum of twenty percent (20 %) up to and including fifty percent (50 %) of the greatest width of the sign. READER BOARD SIGN: That portion of the sign used for removable letters and /or numbers to convey messages. REAL ESTATE DEVELOPMENT SIGN: A business sign placed on the premises of a subdivision or other real estate development. REAL ESTATE SIGN: A business sign placed upon a property advertising that particular property for sale, rent or lease. ROOF SIGN: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. ROOF SIGN, INTEGRAL: Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches (6 "). ROOFLINE: The uppermost line of the roof of a building or in the case of an extended facade, the uppermost height of such facade. ROTATING SIGN: A sign which revolves or rotates on its axis by mechanical means. SHOPPING CENTER: An integrated grouping of commercial stores, under single ownership or control. SIGN: Any letter, word, symbol, device, poster, picture, statuary, reading matter or representation in the nature of an advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, which is displayed outdoors for informational, corporate identification or communicative purposes and is visible to the general public. SIGN AREA: That area within the marginal lines of the surface which bears the advertisement, or in the case of message, figures, or symbols, including those attached directly to any part of a building, which is included in the smallest rectangle which can be made to circumscribe the message, figure or symbol displayed thereon. Double faced signs may be permitted with the maximum square footage on each side; multi -faced signs shall not exceed two (2) times the area of a single faced sign. SIGN STRUCTURE: The supports, uprights, bracing and framework for a sign, including the sign area. STREET FRONTAGE: The proximity of a parcel of land to one or more streets. An interior lot has one street frontage, and a corner lot has two (2) frontages. SWINGING SIGN: A sign that moves back and forth freely, or sways in the wind. TEMPORARY SIGN: Any sign which is erected or displayed fora limited period of time, including signs affixed or attached to vehicles, including trailers, and capable of being readily removed. WALL SIGN: A sign which is affixed to the exterior wall of a building and which is parallel to the building wall and which does not project more than twelve inches (12 ") from the surface to which it is attached, nor extend beyond the top of the parapet wall. WINDOW SIGN: A sign affixed to or inside of a window in view of the general public. This does not include merchandise on display. (Ord. 833, 11 -21 -2007) -5- 00 LEAGUE of MINNESOTA CITIES "I,r•731ylLii Is] i! lair 11 a Sign Ordinances and the First Amendment Learn hour to design a sign ordinance for your city that meets the requirements of the First Amendment for protecting various forms of speech. RELEVANT LINKS: I. First Amendment principles The First Amendment protects signs as speech, and courts will look very closely at any attempts to regulate signs. There are a few rules for regulating signs: • Do not regulate based on content. • Do not favor commercial speech (advertising) over noncommercial speech. • Restrictions on signs must accomplish a substantial government interest and be no broader than necessary. The main substantial governmental interests recognized by courts are traffic safety and aesthetics. II. Drafting a sign ordinance See sample sign ordinance, With the First Amendment rules for regulating signs in mind there are City of Hopkins. several steps cities can take when drafting ordinances. There are things every sign ordinance should probably contain and provisions all sign ordinances should avoid. A. Provisions to include 1. Statement of purpose This section tells why the ordinance was drafted and how it should be applied. It should state clearly that it is not intended to have content -based restrictions and should not be applied that way. It provides a quick clear statement of government purposes and how the ordinance fulfills those purposes rather than needing to review your legislative record if challenged. This material is provided as general information and is not a substitute for legal advice, consult your attorney for advice concerning specific situations. 145 University Ave. West v .lmaorg 3/712007 Saint Paul, MN 55103 -2044 (651) 281 -1200 or (800) 925 -1122 0 2013 Al Rights Reserved RELEVANT LINKS: Minn, Stat. § 21111.045. 2. Substitution clause A substitution clause provides that for every sign that is allowed, any non- commercial message could be legally substituted. This ensures that non- commercial speech is never discriminated against based on content because it will always allow a noncommercial message on any sign. Many ordinances inadvertently define signs in terms of advertising and may incidentally seem to allow only commercial messages. A substitution clause may correct these mistakes by providing a catch -all allowance of noncommercial messages notwithstanding other provisions. 3. Severability clause A severability clause provides that if any provision of the ordinance is found to be invalid, the remainder of the ordinance stands on its own and is still valid. This clause may prevent a flaw in part of the ordinance from invalidating all of it. 4. Election season pre - emption Your ordinance should contain acknowledgement of election season preemption required by state law. Under this law municipalities must allow noncommercial signs of any size during election season, from 46 days before the state general primary until ten days after the state general election. 5. Content - neutral regulations Regulations should be objectively based on time, place, and manner, not content. Examples include regulations based on size, brightness, zoning district, spacing, and movement. B. Provisions to avoid 1. Unfettered discretion Avoid discretionary approval by the city. Having discretion creates the potential for favoring some messages or messengers over others, whether or not that discretion is actually abused. Permit requirements should be transparent and objective. 2. Exemptions or favoritism Avoid exempting certain groups or messages, such as church signs or official flags, from permit requirements. This could be content -based discrimination. League of Minnesota Cities Information Memo: 3/7/2007 Sign Ordinances and the First Amendment page 2 RELEVANT LINKS: Exemptions also may "water down" the substantial government interest. For example, if an ordinance prohibits temporary signs but allows a long list of exemptions, it suggests the city is not really concerned about temporary signs. Exemptions may be based on valid time, place, or manner restrictions, such as exempting all signs under a certain size from permitting requirements. 3. Over - defining signs Cities may inadvertently treat non - commercial speech differently by defining "sign' as "advertising ". This occasional problem is the combination of a few steps: • Signs are defined as advertising devices. • The ordinance allows signs as defined. • All other signs are prohibited. This arguably prohibits noncommercial speech, which is unconstitutional. III. Common sign ordinance issues A. Off - premises advertising (billboards) Off - premise advertising consists of commercial signs that do not advertise for a business on the same premises as the sign. It is legal to forbid off - premise advertising, so long as the prohibition does not extend to noncommercial messages B. Flags Be cautious of regulations that might favor some types of flags, particularly the United States Flag, over other flags. This is a good place for the substitution clause; if one type of noncommercial flag would be acceptable, any noncommercial flag should be allowed. C. Yard signs Cary ufLudue v. caleu, 512 Some courts have held that yard signs are constitutionally protected and U.S. 43, 114 S. CL 2039 (1994), cannot be prohibited. Be especially cautious about provisions that favor some messages over others, such as exemptions for real estate or construction project signs. League of Minnesota Cities Information Memo: 317/2007 Sign Ordinances and the First Amendment Page 3 RELEVANT LINKS: LMC information memo, Regulating Dynamic Signage. SRF Consulting Group, "Dynamic Signage: Research Related to Drive Distraction and Ordinance Recommendations ". June 7, 2007. Minn. Sint. § 462.355, subd. A. Minn. Stat. § 462.357, subd. le. Paul Mervin, Defense Attorney pmerMn @lmc.org 651.281.1278. Jed Burkett, Land Use Loss Control Attorney jburkett@lmc.org 651.281.1247 D. Electronic signs Electronic signs present new challenges, as the technology is capable of new levels of brightness, movement, flashing, and potential distraction. Most sign ordinances do not adequately address these issues. The League has commissioned a study on the traffic safety implications of the technology. Cities may wish to consider moratoriums while the study is conducted and then drafting ordinances that apply the information to each community. A moratorium may prevent electronic signs from becoming grandfathered. IV. Further assistance There are exceptions to these general rules about sign ordinances and the First Amendment but they should be approached cautiously and with legal advice. Cities should work closely with their city attorney to draft and review sign ordinances. You may also contact League staff for assistance and sample ordinances. League of Minnesota Cities Information Memo: 3/7/2007 Sign Ordinances and the First Amendment Page 4